×
Menu
Search

What Happens if a Visitation Order Has Been Violated

Home
Blog
Child Custody
What Happens if a Visitation Order Has Been Violated

March 12, 2022

Parents should be able to expect that they will be able to continue to have a relationship with their child even if their marriage is ending or they are separating from one another. The Indiana Parenting Time Guidelines underscore just how important the parent-child relationship is, and point out that the Guidelines “are based on the premise that it is usually in a child’s best interest to have frequent, meaningful and continuing contact with each parent.” What will happen, then, if one parent violates a visitation order? 

Understanding Parental Rights, Visitation, and Parenting Time

In considering what happens if a visitation order has been violated, it is important to understand that your court order likely will not be described as a visitation order in Indiana. Rather, the violation will likely be a parenting time violation. To be sure, Indiana no longer uses the term visitation to refer to the time a child spends with a parent, but instead describes it as parenting time.

While Indiana previously used the term visitation to refer to the time that a parent spends with his or her child, an amendment to the Indiana Parenting Time Guidelines explain that “the words ‘parenting time’ have been used instead of the word ‘visitation’ so as to emphasize the importance of the time a parent spends with a child.” Indeed, the commentary clarifies, “the concept that a non-custodial parent ‘visits’ with a child does not convey the reality of the continuing parent-child relationship.

Filing a Motion for Contempt

If the custodial parent is refusing to allow you to have parenting time, or is refusing to allow you to see your child based on the terms set forth in a court order, you may be able to file a motion for contempt to compel the other parent to allow you to have parenting time based on the terms of the existing court order and to enforce the terms of that existing court order. 

If the court agrees that the order has been violated, the violating parenting can be held in contempt of court. When this happens, the parent in contempt can be required to pay monetary fines and can even face jail time. In some cases, the court can also alter the child custody order so that the non-violating parent has certain custodial rights or additional parenting time.

Unpaid Child Support is Not an Excuse for a Violation

It is important for parents in Indiana to know that unpaid child support is not an excuse or reason for denying parenting time or visitation. Even if a non-custodial parent has not contributed his or her child support obligation, the other parent cannot violate an existing parenting time or visitation order.

Contact a Child Custody Attorney in Fort Wayne, Indiana

If you need help enforcing a visitation or parenting time order, it is essential to get in touch with an experienced Fort Wayne child custody attorney who can help you. You may have multiple options to have the order enforced. Our firm knows how important it is for children to have a relationship with both parents, and we can assist you with your case today. Contact The Bellinger Law Office for more information about how we can help.

Compassionate
Guidance for Families

profile

Meet Attorney

Robert H. Bellinger

Categories

Archives

Posts You May also Like

February 13, 2024

The Social Media Mistakes You’ll Want to Avoid During Divorce

Divorce is a challenging and emotionally draining process. It's a time when your every action, including your online behavior, can have significant implications. Social media platforms, while they offer a…

Continue Reading
February 08, 2024

First-Time DUI Offenses: Legal Options and Potential Penalties

Navigating the legal landscape following a DUI offense is overwhelming, especially for first-time offenders. Understanding the charges, the potential penalties, and the legal process is crucial. In this blog post,…

Continue Reading
January 30, 2024

When Should Business Owners Start Building an Exit Strategy?

Business owners often immerse themselves in the day-to-day operations of their enterprise, leaving little thought for a time when they might want to exit the business. However, it is crucial…

Continue Reading